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Claim Withdrawn - Bank Obligated to File a SAR?

Question: 
Is the bank obligated to file a SAR on transactions/claims over $5,000 when a client has voluntarily withdrawn a claim related to unauthorized transactions in his or her account by a known person?
Answer: 

Answer by David Dickinson:Not necessarily. If they made a claim, they may not have realized the relative conducted the transaction. After further review by your institution and by the customer, they may now have realized the relative made the transaction. If you feel they were trying to fraudulently file a claim, knowing the relative conducted the transaction, you could file a SAR for false statement. I've never seen anyone do this, but I think it meets the definition.

Answer: 

Answer by John Burnett:The SAR is still appropriate based on the unlawful activity. The fact that the customer decides not to press his/her case doesn't change the fact that the transactions were unlawful.

First published on BankersOnline.com 1/05/09

First published on 01/05/2009

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